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JOHN & ORS v. AKHUAMHENKHUN & ORS

(2021) JELR 109549 (CA)

Court of Appeal  •  CA/B/348/2014  •  5 May 2021  •  Nigeria

Coram
Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA Balkisu Bello Aliyu, JCA

Judgement

ABIMBOLA OSARUGUE OBASEKI – ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High Court, Benin Judicial Division delivered by ERAMEH, J. on 30th May, 2014 in Suit No. B/355/OS/2011, wherein the lower Court entered judgment in favour of the Claimants (Respondents).

A summary of the facts is that; by the last Will and Testament of Chief Matthew Danladi John dated 18th October, 2005; particularly paragraph 15 of the said Will vest powers and duties on the Respondents who are appointed executors/Trustees in the Will to manage the properties at Nos. 5, 5A and 7, Liberty Road, GRA, Benin City housing and the corporate seat of KOSO INTERNATIONAL HOTEL.

The Appellants are shareholders and directors respectively of Kurat Ventures Limited of which Koso International Hotel is said to be a division; the 4th Respondent is also a beneficiary, shareholder and director of Kurat Ventures Ltd.

​​After the Will was admitted to probate, the Appellant…

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